Florida Senate - 2017                              CS for SB 476
       
       
        
       By the Committee on Criminal Justice; and Senator Bean
       
       
       
       
       
       591-03326-17                                           2017476c1
    1                        A bill to be entitled                      
    2         An act relating to terrorism and terrorist activities;
    3         amending s. 775.30, F.S.; extending the applicability
    4         of the definition of the term “terrorism” to other
    5         sections of ch. 775, F.S.; defining the term
    6         “terrorist activity”; providing that a violation of
    7         specified criminal provisions in furtherance of
    8         certain objectives is a crime of terrorism; providing
    9         penalties; providing increased penalties if the action
   10         results in death or serious bodily injury; defining
   11         the term “serious bodily injury”; amending s. 775.31,
   12         F.S.; redefining the term “terrorism”; providing
   13         applicability; creating s. 775.32, F.S.; defining
   14         terms; prohibiting a person from using, attempting to
   15         use, or conspiring to use military-type training
   16         received from a designated foreign terrorist
   17         organization for certain purposes; providing
   18         penalties; providing increased penalties if the
   19         actions result in death or serious bodily injury;
   20         creating s. 775.33, F.S.; defining terms; prohibiting
   21         a person from providing material support or resources,
   22         or engaging in other specified actions, to violate
   23         specified criminal provisions; providing penalties;
   24         prohibiting a person from attempting to provide,
   25         conspiring to provide, or knowingly providing material
   26         support or resources to a designated foreign terrorist
   27         organization; providing penalties; providing increased
   28         penalties if specified actions result in death or
   29         serious bodily injury; specifying the circumstances
   30         under which a person provides material support by
   31         providing personnel; prohibiting prosecution under
   32         certain circumstances; providing legislative intent;
   33         requiring the Department of Law Enforcement, in
   34         consultation with the Office of the Attorney General,
   35         to create specified guidelines; creating s. 775.34,
   36         F.S.; providing penalties for a person who willfully
   37         becomes a member of a designated foreign terrorist
   38         organization and serves under the direction or control
   39         of the organization with the intent to further the
   40         illegal acts of the organization; defining the term
   41         “designated foreign terrorist organization”; creating
   42         s. 775.35, F.S.; providing penalties for a person who
   43         intentionally disseminates or spreads any type of
   44         contagious, communicable, or infectious disease among
   45         crops, poultry, livestock, or other animals; providing
   46         an affirmative defense; providing increased penalties
   47         if specified actions result in death or serious bodily
   48         injury; defining the term “serious bodily injury”;
   49         amending s. 782.04, F.S.; revising the provisions
   50         related to terrorism for murder in the first degree,
   51         murder in the second degree, and murder in the third
   52         degree to include the terrorism felonies created by
   53         this act; reenacting ss. 373.6055(3)(c), 381.95(1),
   54         395.1056(1)(a) and (2), 874.03(7), 907.041(4)(a),
   55         943.0312(2), and 943.0321(2), F.S., relating to the
   56         definition of the term “terrorism,” to incorporate the
   57         amendment made to s. 775.30, F.S., in references
   58         thereto; reenacting ss. 27.401(2), 39.806(1)(d),
   59         63.089(4)(b), 95.11(10), 435.04(2)(e), 435.07(4)(c),
   60         775.082(1)(b) and (3)(a), (b), and (c), 775.0823(1),
   61         (2), (4), (5), (6), and (7), 782.051, 782.065,
   62         903.133, 921.0022(3)(h) and (i), 921.16(1),
   63         947.146(3)(i), 948.06(8)(c), 948.062(1),
   64         985.265(3)(b), and 1012.315(1)(d), F.S., relating to
   65         capital felonies, murder in the first degree, murder
   66         in the second degree, and murder in the third degree,
   67         to incorporate the amendment made to s. 782.04, F.S.,
   68         in references thereto; reenacting s. 1012.467(2)(g),
   69         F.S., relating to terrorism and murder, to incorporate
   70         the amendments made to ss. 775.30 and 782.04, F.S., in
   71         references thereto; providing an effective date.
   72  
   73         WHEREAS, the domestic security of the State of Florida and
   74  terrorism prevention within the state’s borders are of paramount
   75  importance, and
   76         WHEREAS, the threats to the domestic security of the State
   77  of Florida are constantly evolving and expanding, and
   78         WHEREAS, it is incumbent upon officials of the State of
   79  Florida to prevent future acts of terrorism and to bring to
   80  justice those who attempt, solicit, support, commit, or conspire
   81  to commit acts of terrorism, and
   82         WHEREAS, law enforcement officials in the State of Florida
   83  require adequate and appropriate authority to investigate and
   84  prevent potential acts of terrorism or acts of mass catastrophe
   85  in the state, and
   86         WHEREAS, the constitutional rights of the residents of and
   87  visitors to the State of Florida are also of great importance,
   88  and those rights can be safeguarded through reasonable
   89  protections in appropriate law enforcement actions, NOW,
   90  THEREFORE,
   91  
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Section 775.30, Florida Statutes, is amended to
   95  read:
   96         775.30 Terrorism; defined; penalties.—
   97         (1) As used in this chapter and the Florida Criminal Code,
   98  the term “terrorism” or “terrorist activity” means an activity
   99  that:
  100         (1)(a) Involves a violent act or an act dangerous to human
  101  life which is a violation of the criminal laws of this state or
  102  of the United States; or
  103         (b) Involves a violation of s. 815.06; and
  104         (c)(2) Is intended to:
  105         1.(a) Intimidate, injure, or coerce a civilian population;
  106         2.(b) Influence the policy of a government by intimidation
  107  or coercion; or
  108         3.(c) Affect the conduct of government through destruction
  109  of property, assassination, murder, kidnapping, or aircraft
  110  piracy.
  111         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
  112  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
  113  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
  114  s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
  115  806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
  116  859.01, or s. 876.34, in furtherance of intimidating or coercing
  117  the policy of a government, or in furtherance of affecting the
  118  conduct of a government by mass destruction, assassination, or
  119  kidnapping, commits the crime of terrorism, a felony of the
  120  first degree, punishable as provided in s. 775.082, s. 775.083,
  121  or s. 775.084.
  122         (3) A person who commits a violation of subsection (2)
  123  which results in death or serious bodily injury commits a life
  124  felony, punishable as provided in s. 775.082, s. 775.083, or s.
  125  775.084. As used in this subsection, the term “serious bodily
  126  injury” means an injury to a person which creates a substantial
  127  risk of death, serious personal disfigurement, or protracted
  128  loss or impairment of the function of a bodily member or an
  129  organ.
  130         Section 2. Section 775.31, Florida Statutes, is amended to
  131  read:
  132         775.31 Facilitating or furthering terrorism; felony or
  133  misdemeanor reclassification.—
  134         (1) If a person is convicted of committing a felony or
  135  misdemeanor that facilitated or furthered any act of terrorism,
  136  the court shall reclassify the felony or misdemeanor to the next
  137  higher degree as provided in this section. The reclassification
  138  shall be made in the following manner:
  139         (a) In the case of a misdemeanor of the second degree, the
  140  offense is reclassified as a misdemeanor of the first degree.
  141         (b) In the case of a misdemeanor of the first degree, the
  142  offense is reclassified as a felony of the third degree.
  143         (c) In the case of a felony of the third degree, the
  144  offense is reclassified as a felony of the second degree.
  145         (d) In the case of a felony of the second degree, the
  146  offense is reclassified as a felony of the first degree.
  147         (e) In the case of a felony of the first degree or a felony
  148  of the first degree punishable by a term of imprisonment not
  149  exceeding life, the offense is reclassified as a life felony.
  150         (2) For purposes of sentencing under chapter 921, the
  151  following offense severity ranking levels apply:
  152         (a) An offense that is a misdemeanor of the first degree
  153  and that is reclassified under this section as a felony of the
  154  third degree is ranked in level 2 of the offense severity
  155  ranking chart.
  156         (b) A felony offense that is reclassified under this
  157  section is ranked one level above the ranking specified in s.
  158  921.0022 or s. 921.0023 for the offense committed.
  159         (3) As used in this section, the term “terrorism” has the
  160  same meaning as provided in s. 775.30(1) means an activity that:
  161         (a)1. Involves a violent act or an act dangerous to human
  162  life which is a violation of the criminal laws of this state or
  163  of the United States; or
  164         2. Involves a violation of s. 815.06; and
  165         (b) Is intended to:
  166         1. Intimidate, injure, or coerce a civilian population;
  167         2. Influence the policy of a government by intimidation or
  168  coercion; or
  169         3. Affect the conduct of government through destruction of
  170  property, assassination, murder, kidnapping, or aircraft piracy.
  171         (4) The reclassification of offenses under this section
  172  does not apply to s. 775.30, s. 775.32, s. 775.33, s. 775.34, or
  173  s. 775.35.
  174         Section 3. Section 775.32, Florida Statutes, is created to
  175  read:
  176         775.32 Use of military-type training provided by a
  177  designated foreign terrorist organization.—
  178         (1) As used in this section, the term:
  179         (a) “Critical infrastructure facility” has the same meaning
  180  as provided in s. 493.631.
  181         (b) “Designated foreign terrorist organization” means an
  182  organization designated as a terrorist organization under s. 219
  183  of the Immigration and Nationality Act.
  184         (c) “Military-type training” means training in means or
  185  methods that can cause the death of, or serious bodily injury
  186  to, another person, destroy or damage property or critical
  187  infrastructure facilities, or disrupt services to critical
  188  infrastructure facilities; or training on the use, storage,
  189  production, or assembly of an explosive, a firearm, or any other
  190  weapon, including a weapon of mass destruction.
  191         (d) “Serious bodily injury” has the same meaning as
  192  provided in s. 775.30(3).
  193         (e) “Weapon of mass destruction” has the same meaning as
  194  provided in s. 790.166.
  195         (2) A person who has received military-type training from a
  196  designated foreign terrorist organization may not use, attempt
  197  to use, or conspire to use such military-type training with the
  198  intent to unlawfully harm another person or damage critical
  199  infrastructure facilities.
  200         (3) A person who commits a violation of subsection (2)
  201  commits a felony of the second degree, punishable as provided in
  202  s. 775.082, s. 775.083, or s. 775.084.
  203         (4) A person who commits a violation of subsection (2)
  204  which results in the death of, or serious bodily injury to, a
  205  person commits a felony of the first degree, punishable as
  206  provided in s. 775.082, s. 775.083, or s. 775.084.
  207         Section 4. Section 775.33, Florida Statutes, is created to
  208  read:
  209         775.33 Providing material support or resources for
  210  terrorism or to terrorist organizations.—
  211         (1) As used in this section, the term:
  212         (a) “Designated foreign terrorist organization” has the
  213  same meaning as provided in s. 775.32.
  214         (b) “Expert advice or assistance” means advice or
  215  assistance derived from scientific, technical, or other
  216  specialized knowledge.
  217         (c) “Material support or resources” means any property,
  218  tangible or intangible, or service, including currency or
  219  monetary instruments or financial securities, financial
  220  services, lodging, training, expert advice or assistance, safe
  221  houses, false documentation or identification, communications
  222  equipment, facilities, weapons, lethal substances, explosives,
  223  personnel, or transportation. The term does not include medicine
  224  or religious materials.
  225         (d) “Serious bodily injury” has the same meaning as
  226  provided in s. 775.30(3).
  227         (e) “Training” means instruction or teaching designed to
  228  impart a specific skill rather than general knowledge.
  229         (2) A person who provides material support or resources or
  230  conceals or disguises the nature, location, source, or ownership
  231  of material support or resources, knowing or intending that the
  232  support or resources are to be used in preparation for or in
  233  carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s.
  234  775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s.
  235  790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32,
  236  s. 876.34, or s. 876.36; who conceals an escape from the
  237  commission of any such violation; or who attempts or conspires
  238  to carry out such violation commits a felony of the first
  239  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  240  775.084.
  241         (3) A person who knowingly provides material support or
  242  resources to a designated foreign terrorist organization, or
  243  attempts or conspires to do so, commits a felony of the first
  244  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  245  775.084. To violate this subsection, a person must have
  246  knowledge that the organization is a designated foreign
  247  terrorist organization or that the organization has engaged in
  248  or engages in terrorism or terrorist activity.
  249         (4) A person who commits a violation of subsection (2) or
  250  subsection (3) which results in death or serious bodily injury
  251  commits a life felony, punishable as provided in s. 775.082, s.
  252  775.083, or s. 775.084.
  253         (5)(a) For purposes of prosecution under subsection (2) or
  254  subsection (3), a person is deemed to provide material support
  255  or resources by providing personnel if the person knowingly
  256  provides, attempts to provide, or conspires to provide himself
  257  or herself or another person:
  258         1. To a person engaged in, or intending to engage in, an
  259  act of terrorism to work under the direction and control of the
  260  person engaged in, or intending to engage in, an act of
  261  terrorism, or to organize, manage, supervise, or otherwise
  262  direct the operations of the person engaged in, or intending to
  263  engage in, an act of terrorism; or
  264         2. To work under the direction and control of a designated
  265  foreign terrorist organization, or to organize, manage,
  266  supervise, or otherwise direct the operation of that
  267  organization.
  268         (b) An individual who acts entirely independently of the
  269  person engaged in, or intending to engage in, an act of
  270  terrorism or the designated foreign terrorist organization to
  271  advance the person’s or organization’s goals or objectives is
  272  not working under the direction and control of the person
  273  engaged in, or intending to engage in, an act of terrorism or
  274  the designated foreign terrorist organization.
  275         (6) A person may not be prosecuted under this section if
  276  his or her activity was authorized by a governmental or law
  277  enforcement agency of this state or of the United States in the
  278  agency’s official capacity and pursuant to a lawful purpose.
  279         (7) It is the intent of the Legislature that subsections
  280  (2) and (3) be interpreted in a manner consistent with federal
  281  case law interpreting 18 U.S.C. ss. 2339A and 2339B,
  282  respectively.
  283         (8) The Department of Law Enforcement, in consultation with
  284  the Office of the Attorney General, shall create guidelines for
  285  law enforcement investigations conducted pursuant to this
  286  section to ensure the protection of privacy rights, civil
  287  rights, and civil liberties.
  288         Section 5. Section 775.34, Florida Statutes, is created to
  289  read:
  290         775.34 Membership in a designated foreign terrorist
  291  organization.—A person who willfully becomes a member of a
  292  designated foreign terrorist organization and serves under the
  293  direction or control of that organization with the intent to
  294  further the illegal acts of the organization commits a felony of
  295  the second degree, punishable as provided in s. 775.082, s.
  296  775.083, or s. 775.084. As used in this section, the term
  297  “designated foreign terrorist organization” has the same meaning
  298  as provided in s. 775.32.
  299         Section 6. Section 775.35, Florida Statutes, is created to
  300  read:
  301         775.35 Agroterrorism; penalties.—
  302         (1) A person who intentionally disseminates or spreads any
  303  type of contagious, communicable, or infectious disease among
  304  crops, poultry as defined in s. 583.01, livestock as defined in
  305  s. 588.13, or other animals commits a felony of the second
  306  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  307  775.084. It is an affirmative defense to this violation if the
  308  activity is consistent with a medically recognized procedure or
  309  if the activity is done in the course of legitimate,
  310  professional scientific research.
  311         (2) A person who commits a violation of subsection (1)
  312  which results in death or serious bodily injury to a person
  313  commits a life felony, punishable as provided in s. 775.082, s.
  314  775.083, or s. 775.084. As used in this subsection, the term
  315  “serious bodily injury” has the same meaning as provided in s.
  316  775.30(3).
  317         Section 7. Paragraph (a) of subsection (1) and subsections
  318  (3) and (4) of section 782.04, Florida Statutes, are amended to
  319  read:
  320         782.04 Murder.—
  321         (1)(a) The unlawful killing of a human being:
  322         1. When perpetrated from a premeditated design to effect
  323  the death of the person killed or any human being;
  324         2. When committed by a person engaged in the perpetration
  325  of, or in the attempt to perpetrate, any:
  326         a. Trafficking offense prohibited by s. 893.135(1),
  327         b. Arson,
  328         c. Sexual battery,
  329         d. Robbery,
  330         e. Burglary,
  331         f. Kidnapping,
  332         g. Escape,
  333         h. Aggravated child abuse,
  334         i. Aggravated abuse of an elderly person or disabled adult,
  335         j. Aircraft piracy,
  336         k. Unlawful throwing, placing, or discharging of a
  337  destructive device or bomb,
  338         l. Carjacking,
  339         m. Home-invasion robbery,
  340         n. Aggravated stalking,
  341         o. Murder of another human being,
  342         p. Resisting an officer with violence to his or her person,
  343         q. Aggravated fleeing or eluding with serious bodily injury
  344  or death,
  345         r. Felony that is an act of terrorism or is in furtherance
  346  of an act of terrorism, including a felony under s. 775.30, s.
  347  775.32, s. 775.33, s. 775.34, or s. 775.35, or
  348         s. Human trafficking; or
  349         3. Which resulted from the unlawful distribution of any
  350  substance controlled under s. 893.03(1), cocaine as described in
  351  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  352  compound, derivative, or preparation of opium, or methadone by a
  353  person 18 years of age or older, when such drug is proven to be
  354  the proximate cause of the death of the user,
  355  
  356  is murder in the first degree and constitutes a capital felony,
  357  punishable as provided in s. 775.082.
  358         (3) When a human being is killed during the perpetration
  359  of, or during the attempt to perpetrate, any:
  360         (a) Trafficking offense prohibited by s. 893.135(1),
  361         (b) Arson,
  362         (c) Sexual battery,
  363         (d) Robbery,
  364         (e) Burglary,
  365         (f) Kidnapping,
  366         (g) Escape,
  367         (h) Aggravated child abuse,
  368         (i) Aggravated abuse of an elderly person or disabled
  369  adult,
  370         (j) Aircraft piracy,
  371         (k) Unlawful throwing, placing, or discharging of a
  372  destructive device or bomb,
  373         (l) Carjacking,
  374         (m) Home-invasion robbery,
  375         (n) Aggravated stalking,
  376         (o) Murder of another human being,
  377         (p) Aggravated fleeing or eluding with serious bodily
  378  injury or death,
  379         (q) Resisting an officer with violence to his or her
  380  person, or
  381         (r) Felony that is an act of terrorism or is in furtherance
  382  of an act of terrorism, including a felony under s. 775.30, s.
  383  775.32, s. 775.33, s. 775.34, or s. 775.35,
  384  
  385  by a person other than the person engaged in the perpetration of
  386  or in the attempt to perpetrate such felony, the person
  387  perpetrating or attempting to perpetrate such felony commits
  388  murder in the second degree, which constitutes a felony of the
  389  first degree, punishable by imprisonment for a term of years not
  390  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  391  775.084.
  392         (4) The unlawful killing of a human being, when perpetrated
  393  without any design to effect death, by a person engaged in the
  394  perpetration of, or in the attempt to perpetrate, any felony
  395  other than any:
  396         (a) Trafficking offense prohibited by s. 893.135(1),
  397         (b) Arson,
  398         (c) Sexual battery,
  399         (d) Robbery,
  400         (e) Burglary,
  401         (f) Kidnapping,
  402         (g) Escape,
  403         (h) Aggravated child abuse,
  404         (i) Aggravated abuse of an elderly person or disabled
  405  adult,
  406         (j) Aircraft piracy,
  407         (k) Unlawful throwing, placing, or discharging of a
  408  destructive device or bomb,
  409         (l) Unlawful distribution of any substance controlled under
  410  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  411  opium or any synthetic or natural salt, compound, derivative, or
  412  preparation of opium by a person 18 years of age or older, when
  413  such drug is proven to be the proximate cause of the death of
  414  the user,
  415         (m) Carjacking,
  416         (n) Home-invasion robbery,
  417         (o) Aggravated stalking,
  418         (p) Murder of another human being,
  419         (q) Aggravated fleeing or eluding with serious bodily
  420  injury or death,
  421         (r) Resisting an officer with violence to his or her
  422  person, or
  423         (s) Felony that is an act of terrorism or is in furtherance
  424  of an act of terrorism, including a felony under s. 775.30, s.
  425  775.32, s. 775.33, s. 775.34, or s. 775.35,
  426  
  427  is murder in the third degree and constitutes a felony of the
  428  second degree, punishable as provided in s. 775.082, s. 775.083,
  429  or s. 775.084.
  430         Section 8. For the purpose of incorporating the amendment
  431  made by this act to section 775.30, Florida Statutes, in a
  432  reference thereto, paragraph (c) of subsection (3) of section
  433  373.6055, Florida Statutes, is reenacted to read:
  434         373.6055 Criminal history checks for certain water
  435  management district employees and others.—
  436         (3)
  437         (c) In addition to other requirements for employment or
  438  access established by any water management district pursuant to
  439  its water management district’s security plan for buildings,
  440  facilities, and structures, each water management district’s
  441  security plan shall provide that:
  442         1. Any person who has within the past 7 years been
  443  convicted, regardless of whether adjudication was withheld, for
  444  a forcible felony as defined in s. 776.08; an act of terrorism
  445  as defined in s. 775.30; planting of a hoax bomb as provided in
  446  s. 790.165; any violation involving the manufacture, possession,
  447  sale, delivery, display, use, or attempted or threatened use of
  448  a weapon of mass destruction or hoax weapon of mass destruction
  449  as provided in s. 790.166; dealing in stolen property; any
  450  violation of s. 893.135; any violation involving the sale,
  451  manufacturing, delivery, or possession with intent to sell,
  452  manufacture, or deliver a controlled substance; burglary;
  453  robbery; any felony violation of s. 812.014; any violation of s.
  454  790.07; any crime an element of which includes use or possession
  455  of a firearm; any conviction for any similar offenses under the
  456  laws of another jurisdiction; or conviction for conspiracy to
  457  commit any of the listed offenses may not be qualified for
  458  initial employment within or authorized regular access to
  459  buildings, facilities, or structures defined in the water
  460  management district’s security plan as restricted access areas.
  461         2. Any person who has at any time been convicted of any of
  462  the offenses listed in subparagraph 1. may not be qualified for
  463  initial employment within or authorized regular access to
  464  buildings, facilities, or structures defined in the water
  465  management district’s security plan as restricted access areas
  466  unless, after release from incarceration and any supervision
  467  imposed as a sentence, the person remained free from a
  468  subsequent conviction, regardless of whether adjudication was
  469  withheld, for any of the listed offenses for a period of at
  470  least 7 years prior to the employment or access date under
  471  consideration.
  472         Section 9. For the purpose of incorporating the amendment
  473  made by this act to section 775.30, Florida Statutes, in a
  474  reference thereto, subsection (1) of section 381.95, Florida
  475  Statutes, is reenacted to read:
  476         381.95 Medical facility information maintained for
  477  terrorism response purposes; confidentiality.—
  478         (1) Any information identifying or describing the name,
  479  location, pharmaceutical cache, contents, capacity, equipment,
  480  physical features, or capabilities of individual medical
  481  facilities, storage facilities, or laboratories established,
  482  maintained, or regulated by the Department of Health as part of
  483  the state’s plan to defend against an act of terrorism as
  484  defined in s. 775.30 is exempt from s. 119.07(1) and s. 24(a),
  485  Art. I of the State Constitution. This exemption is remedial in
  486  nature, and it is the intent of the Legislature that this
  487  exemption apply to information held by the Department of Health
  488  before, on, or after the effective date of this section.
  489         Section 10. For the purpose of incorporating the amendment
  490  made by this act to section 775.30, Florida Statutes, in
  491  references thereto, paragraph (a) of subsection (1) and
  492  subsection (2) of section 395.1056, Florida Statutes, are
  493  reenacted to read:
  494         395.1056 Plan components addressing a hospital’s response
  495  to terrorism; public records exemption; public meetings
  496  exemption.—
  497         (1)(a) Those portions of a comprehensive emergency
  498  management plan that address the response of a public or private
  499  hospital to an act of terrorism as defined by s. 775.30 held by
  500  the agency, a state or local law enforcement agency, a county or
  501  municipal emergency management agency, the Executive Office of
  502  the Governor, the Department of Health, or the Division of
  503  Emergency Management are confidential and exempt from s.
  504  119.07(1) and s. 24(a), Art. I of the State Constitution.
  505         (2) Those portions of a comprehensive emergency management
  506  plan that address the response of a public hospital to an act of
  507  terrorism as defined by s. 775.30 held by that public hospital
  508  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  509  Constitution. Portions of a comprehensive emergency management
  510  plan that address the response of a public hospital to an act of
  511  terrorism include those portions addressing:
  512         (a) Security systems or plans;
  513         (b) Vulnerability analyses;
  514         (c) Emergency evacuation transportation;
  515         (d) Sheltering arrangements;
  516         (e) Postdisaster activities, including provisions for
  517  emergency power, communications, food, and water;
  518         (f) Postdisaster transportation;
  519         (g) Supplies, including drug caches;
  520         (h) Staffing;
  521         (i) Emergency equipment; and
  522         (j) Individual identification of residents, transfer of
  523  records, and methods of responding to family inquiries.
  524         Section 11. For the purpose of incorporating the amendment
  525  made by this act to section 775.30, Florida Statutes, in a
  526  reference thereto, subsection (7) of section 874.03, Florida
  527  Statutes, is reenacted to read:
  528         874.03 Definitions.—As used in this chapter:
  529         (7) “Terrorist organization” means any organized group
  530  engaged in or organized for the purpose of engaging in terrorism
  531  as defined in s. 775.30. This definition shall not be construed
  532  to prevent prosecution under this chapter of individuals acting
  533  alone.
  534         Section 12. For the purpose of incorporating the amendment
  535  made by this act to section 775.30, Florida Statutes, in a
  536  reference thereto, paragraph (a) of subsection (4) of section
  537  907.041, Florida Statutes, is reenacted to read:
  538         907.041 Pretrial detention and release.—
  539         (4) PRETRIAL DETENTION.—
  540         (a) As used in this subsection, “dangerous crime” means any
  541  of the following:
  542         1. Arson;
  543         2. Aggravated assault;
  544         3. Aggravated battery;
  545         4. Illegal use of explosives;
  546         5. Child abuse or aggravated child abuse;
  547         6. Abuse of an elderly person or disabled adult, or
  548  aggravated abuse of an elderly person or disabled adult;
  549         7. Aircraft piracy;
  550         8. Kidnapping;
  551         9. Homicide;
  552         10. Manslaughter;
  553         11. Sexual battery;
  554         12. Robbery;
  555         13. Carjacking;
  556         14. Lewd, lascivious, or indecent assault or act upon or in
  557  presence of a child under the age of 16 years;
  558         15. Sexual activity with a child, who is 12 years of age or
  559  older but less than 18 years of age, by or at solicitation of
  560  person in familial or custodial authority;
  561         16. Burglary of a dwelling;
  562         17. Stalking and aggravated stalking;
  563         18. Act of domestic violence as defined in s. 741.28;
  564         19. Home invasion robbery;
  565         20. Act of terrorism as defined in s. 775.30;
  566         21. Manufacturing any substances in violation of chapter
  567  893; and
  568         22. Attempting or conspiring to commit any such crime.
  569         Section 13. For the purpose of incorporating the amendment
  570  made by this act to section 775.30, Florida Statutes, in a
  571  reference thereto, subsection (2) of section 943.0312, Florida
  572  Statutes, is reenacted to read:
  573         943.0312 Regional domestic security task forces.—The
  574  Legislature finds that there is a need to develop and implement
  575  a statewide strategy to address prevention, preparation,
  576  protection, response, and recovery efforts by federal, state,
  577  and local law enforcement agencies, emergency management
  578  agencies, fire and rescue departments, first-responder personnel
  579  and others in dealing with potential or actual terrorist acts
  580  within or affecting this state.
  581         (2) In accordance with the state’s domestic security
  582  strategic goals and objectives, each task force shall coordinate
  583  efforts to counter terrorism, as defined by s. 775.30, among
  584  local, state, and federal resources to ensure that such efforts
  585  are not fragmented or unnecessarily duplicated; coordinate
  586  training for local and state personnel to counter terrorism as
  587  defined by s. 775.30; coordinate the collection and
  588  dissemination of investigative and intelligence information; and
  589  facilitate responses to terrorist incidents within or affecting
  590  each region. With the approval of the Chief of Domestic
  591  Security, the task forces may incorporate other objectives
  592  reasonably related to the goals of enhancing the state’s
  593  domestic security and ability to detect, prevent, and respond to
  594  acts of terrorism within or affecting this state. Each task
  595  force shall take into account the variety of conditions and
  596  resources present within its region.
  597         Section 14. For the purpose of incorporating the amendment
  598  made by this act to section 775.30, Florida Statutes, in a
  599  reference thereto, subsection (2) of section 943.0321, Florida
  600  Statutes, is reenacted to read:
  601         943.0321 The Florida Domestic Security and Counter
  602  Terrorism Intelligence Center and the Florida Domestic Security
  603  and Counter-Terrorism Database.—
  604         (2) The intelligence center shall:
  605         (a) Gather, document, and analyze active criminal
  606  intelligence and criminal investigative information related to
  607  terrorism, as defined in s. 775.30, including information
  608  related to individuals or groups that plot, plan, or coordinate
  609  acts of terrorism, as defined in s. 775.30, and that operate
  610  within this state or otherwise commit acts affecting this state;
  611         (b) Maintain and operate the domestic security and counter
  612  terrorism database; and
  613         (c) Provide support and assistance to federal, state, and
  614  local law enforcement agencies and prosecutors that investigate
  615  or prosecute terrorism, as defined in s. 775.30.
  616         Section 15. For the purpose of incorporating the amendment
  617  made by this act to section 782.04, Florida Statutes, in a
  618  reference thereto, subsection (2) of section 27.401, Florida
  619  Statutes, is reenacted to read:
  620         27.401 Cross-Circuit Conflict Representation Pilot
  621  Program.—
  622         (2) Notwithstanding ss. 27.40 and 27.5305:
  623         (a) If the public defender in the Tenth Judicial Circuit is
  624  unable to provide representation to an indigent defendant
  625  charged with a crime under s. 782.04(2), (3), or (4) due to a
  626  conflict of interest and the criminal conflict and civil
  627  regional counsel of the Second Region is also unable to provide
  628  representation for the case due to a conflict of interest, the
  629  public defender in the Thirteenth Judicial Circuit shall be
  630  appointed. If the public defender in the Thirteenth Judicial
  631  Circuit is unable to provide representation for the case due to
  632  a conflict of interest, the criminal conflict and civil regional
  633  counsel in the Fifth Region shall be appointed. If the criminal
  634  conflict and civil regional counsel in the Fifth Region is
  635  unable to provide representation due to a conflict of interest,
  636  private counsel shall be appointed.
  637         (b) If the public defender in the Thirteenth Judicial
  638  Circuit is unable to provide representation to an indigent
  639  defendant charged with a crime under s. 782.04(2), (3), or (4)
  640  due to a conflict of interest and the criminal conflict and
  641  civil regional counsel of the Second Region is also unable to
  642  provide representation for the case due to a conflict of
  643  interest, the public defender in the Tenth Judicial Circuit
  644  shall be appointed. If the public defender in the Tenth Judicial
  645  Circuit is unable to provide representation for the case due to
  646  a conflict of interest, the criminal conflict and civil regional
  647  counsel in the Fifth Region shall be appointed. If the criminal
  648  conflict and civil regional counsel in the Fifth Region is
  649  unable to provide representation due to a conflict of interest,
  650  private counsel shall be appointed.
  651         Section 16. For the purpose of incorporating the amendment
  652  made by this act to section 782.04, Florida Statutes, in a
  653  reference thereto, paragraph (d) of subsection (1) of section
  654  39.806, Florida Statutes, is reenacted to read:
  655         39.806 Grounds for termination of parental rights.—
  656         (1) Grounds for the termination of parental rights may be
  657  established under any of the following circumstances:
  658         (d) When the parent of a child is incarcerated and either:
  659         1. The period of time for which the parent is expected to
  660  be incarcerated will constitute a significant portion of the
  661  child’s minority. When determining whether the period of time is
  662  significant, the court shall consider the child’s age and the
  663  child’s need for a permanent and stable home. The period of time
  664  begins on the date that the parent enters into incarceration;
  665         2. The incarcerated parent has been determined by the court
  666  to be a violent career criminal as defined in s. 775.084, a
  667  habitual violent felony offender as defined in s. 775.084, or a
  668  sexual predator as defined in s. 775.21; has been convicted of
  669  first degree or second degree murder in violation of s. 782.04
  670  or a sexual battery that constitutes a capital, life, or first
  671  degree felony violation of s. 794.011; or has been convicted of
  672  an offense in another jurisdiction which is substantially
  673  similar to one of the offenses listed in this paragraph. As used
  674  in this section, the term “substantially similar offense” means
  675  any offense that is substantially similar in elements and
  676  penalties to one of those listed in this subparagraph, and that
  677  is in violation of a law of any other jurisdiction, whether that
  678  of another state, the District of Columbia, the United States or
  679  any possession or territory thereof, or any foreign
  680  jurisdiction; or
  681         3. The court determines by clear and convincing evidence
  682  that continuing the parental relationship with the incarcerated
  683  parent would be harmful to the child and, for this reason, that
  684  termination of the parental rights of the incarcerated parent is
  685  in the best interest of the child. When determining harm, the
  686  court shall consider the following factors:
  687         a. The age of the child.
  688         b. The relationship between the child and the parent.
  689         c. The nature of the parent’s current and past provision
  690  for the child’s developmental, cognitive, psychological, and
  691  physical needs.
  692         d. The parent’s history of criminal behavior, which may
  693  include the frequency of incarceration and the unavailability of
  694  the parent to the child due to incarceration.
  695         e. Any other factor the court deems relevant.
  696         Section 17. For the purpose of incorporating the amendment
  697  made by this act to section 782.04, Florida Statutes, in a
  698  reference thereto, paragraph (b) of subsection (4) of section
  699  63.089, Florida Statutes, is reenacted to read:
  700         63.089 Proceeding to terminate parental rights pending
  701  adoption; hearing; grounds; dismissal of petition; judgment.—
  702         (4) FINDING OF ABANDONMENT.—A finding of abandonment
  703  resulting in a termination of parental rights must be based upon
  704  clear and convincing evidence that a parent or person having
  705  legal custody has abandoned the child in accordance with the
  706  definition contained in s. 63.032. A finding of abandonment may
  707  also be based upon emotional abuse or a refusal to provide
  708  reasonable financial support, when able, to a birth mother
  709  during her pregnancy or on whether the person alleged to have
  710  abandoned the child, while being able, failed to establish
  711  contact with the child or accept responsibility for the child’s
  712  welfare.
  713         (b) The child has been abandoned when the parent of a child
  714  is incarcerated on or after October 1, 2001, in a federal,
  715  state, or county correctional institution and:
  716         1. The period of time for which the parent has been or is
  717  expected to be incarcerated will constitute a significant
  718  portion of the child’s minority. In determining whether the
  719  period of time is significant, the court shall consider the
  720  child’s age and the child’s need for a permanent and stable
  721  home. The period of time begins on the date that the parent
  722  enters into incarceration;
  723         2. The incarcerated parent has been determined by a court
  724  of competent jurisdiction to be a violent career criminal as
  725  defined in s. 775.084, a habitual violent felony offender as
  726  defined in s. 775.084, convicted of child abuse as defined in s.
  727  827.03, or a sexual predator as defined in s. 775.21; has been
  728  convicted of first degree or second degree murder in violation
  729  of s. 782.04 or a sexual battery that constitutes a capital,
  730  life, or first degree felony violation of s. 794.011; or has
  731  been convicted of a substantially similar offense in another
  732  jurisdiction. As used in this section, the term “substantially
  733  similar offense” means any offense that is substantially similar
  734  in elements and penalties to one of those listed in this
  735  subparagraph, and that is in violation of a law of any other
  736  jurisdiction, whether that of another state, the District of
  737  Columbia, the United States or any possession or territory
  738  thereof, or any foreign jurisdiction; or
  739         3. The court determines by clear and convincing evidence
  740  that continuing the parental relationship with the incarcerated
  741  parent would be harmful to the child and, for this reason,
  742  termination of the parental rights of the incarcerated parent is
  743  in the best interests of the child.
  744         Section 18. For the purpose of incorporating the amendment
  745  made by this act to section 782.04, Florida Statutes, in a
  746  reference thereto, subsection (10) of section 95.11, Florida
  747  Statutes, is reenacted to read:
  748         95.11 Limitations other than for the recovery of real
  749  property.—Actions other than for recovery of real property shall
  750  be commenced as follows:
  751         (10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
  752  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
  753  (4)(d), an action for wrongful death seeking damages authorized
  754  under s. 768.21 brought against a natural person for an
  755  intentional tort resulting in death from acts described in s.
  756  782.04 or s. 782.07 may be commenced at any time. This
  757  subsection shall not be construed to require an arrest, the
  758  filing of formal criminal charges, or a conviction for a
  759  violation of s. 782.04 or s. 782.07 as a condition for filing a
  760  civil action.
  761         Section 19. For the purpose of incorporating the amendment
  762  made by this act to section 782.04, Florida Statutes, in a
  763  reference thereto, paragraph (e) of subsection (2) of section
  764  435.04, Florida Statutes, is reenacted to read:
  765         435.04 Level 2 screening standards.—
  766         (2) The security background investigations under this
  767  section must ensure that no persons subject to the provisions of
  768  this section have been arrested for and are awaiting final
  769  disposition of, have been found guilty of, regardless of
  770  adjudication, or entered a plea of nolo contendere or guilty to,
  771  or have been adjudicated delinquent and the record has not been
  772  sealed or expunged for, any offense prohibited under any of the
  773  following provisions of state law or similar law of another
  774  jurisdiction:
  775         (e) Section 782.04, relating to murder.
  776         Section 20. For the purpose of incorporating the amendment
  777  made by this act to section 782.04, Florida Statutes, in a
  778  reference thereto, paragraph (c) of subsection (4) of section
  779  435.07, Florida Statutes, is reenacted to read:
  780         435.07 Exemptions from disqualification.—Unless otherwise
  781  provided by law, the provisions of this section apply to
  782  exemptions from disqualification for disqualifying offenses
  783  revealed pursuant to background screenings required under this
  784  chapter, regardless of whether those disqualifying offenses are
  785  listed in this chapter or other laws.
  786         (4)
  787         (c) Disqualification from employment under this chapter may
  788  not be removed from, and an exemption may not be granted to, any
  789  current or prospective child care personnel, as defined in s.
  790  402.302(3), and such a person is disqualified from employment as
  791  child care personnel, regardless of any previous exemptions from
  792  disqualification, if the person has been registered as a sex
  793  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  794  arrested for and is awaiting final disposition of, has been
  795  convicted or found guilty of, or entered a plea of guilty or
  796  nolo contendere to, regardless of adjudication, or has been
  797  adjudicated delinquent and the record has not been sealed or
  798  expunged for, any offense prohibited under any of the following
  799  provisions of state law or a similar law of another
  800  jurisdiction:
  801         1. A felony offense prohibited under any of the following
  802  statutes:
  803         a. Chapter 741, relating to domestic violence.
  804         b. Section 782.04, relating to murder.
  805         c. Section 782.07, relating to manslaughter, aggravated
  806  manslaughter of an elderly person or disabled adult, aggravated
  807  manslaughter of a child, or aggravated manslaughter of an
  808  officer, a firefighter, an emergency medical technician, or a
  809  paramedic.
  810         d. Section 784.021, relating to aggravated assault.
  811         e. Section 784.045, relating to aggravated battery.
  812         f. Section 787.01, relating to kidnapping.
  813         g. Section 787.025, relating to luring or enticing a child.
  814         h. Section 787.04(2), relating to leading, taking,
  815  enticing, or removing a minor beyond the state limits, or
  816  concealing the location of a minor, with criminal intent pending
  817  custody proceedings.
  818         i. Section 787.04(3), relating to leading, taking,
  819  enticing, or removing a minor beyond the state limits, or
  820  concealing the location of a minor, with criminal intent pending
  821  dependency proceedings or proceedings concerning alleged abuse
  822  or neglect of a minor.
  823         j. Section 794.011, relating to sexual battery.
  824         k. Former s. 794.041, relating to sexual activity with or
  825  solicitation of a child by a person in familial or custodial
  826  authority.
  827         l. Section 794.05, relating to unlawful sexual activity
  828  with certain minors.
  829         m. Section 794.08, relating to female genital mutilation.
  830         n. Section 806.01, relating to arson.
  831         o. Section 826.04, relating to incest.
  832         p. Section 827.03, relating to child abuse, aggravated
  833  child abuse, or neglect of a child.
  834         q. Section 827.04, relating to contributing to the
  835  delinquency or dependency of a child.
  836         r. Section 827.071, relating to sexual performance by a
  837  child.
  838         s. Chapter 847, relating to child pornography.
  839         t. Section 985.701, relating to sexual misconduct in
  840  juvenile justice programs.
  841         2. A misdemeanor offense prohibited under any of the
  842  following statutes:
  843         a. Section 784.03, relating to battery, if the victim of
  844  the offense was a minor.
  845         b. Section 787.025, relating to luring or enticing a child.
  846         c. Chapter 847, relating to child pornography.
  847         3. A criminal act committed in another state or under
  848  federal law which, if committed in this state, constitutes an
  849  offense prohibited under any statute listed in subparagraph 1.
  850  or subparagraph 2.
  851         Section 21. For the purpose of incorporating the amendment
  852  made by this act to section 782.04, Florida Statutes, in
  853  references thereto, paragraph (b) of subsection (1) and
  854  paragraphs (a), (b), and (c) of subsection (3) of section
  855  775.082, Florida Statutes, are reenacted to read:
  856         775.082 Penalties; applicability of sentencing structures;
  857  mandatory minimum sentences for certain reoffenders previously
  858  released from prison.—
  859         (1)
  860         (b)1. A person who actually killed, intended to kill, or
  861  attempted to kill the victim and who is convicted under s.
  862  782.04 of a capital felony, or an offense that was reclassified
  863  as a capital felony, which was committed before the person
  864  attained 18 years of age shall be punished by a term of
  865  imprisonment for life if, after a sentencing hearing conducted
  866  by the court in accordance with s. 921.1401, the court finds
  867  that life imprisonment is an appropriate sentence. If the court
  868  finds that life imprisonment is not an appropriate sentence,
  869  such person shall be punished by a term of imprisonment of at
  870  least 40 years. A person sentenced pursuant to this subparagraph
  871  is entitled to a review of his or her sentence in accordance
  872  with s. 921.1402(2)(a).
  873         2. A person who did not actually kill, intend to kill, or
  874  attempt to kill the victim and who is convicted under s. 782.04
  875  of a capital felony, or an offense that was reclassified as a
  876  capital felony, which was committed before the person attained
  877  18 years of age may be punished by a term of imprisonment for
  878  life or by a term of years equal to life if, after a sentencing
  879  hearing conducted by the court in accordance with s. 921.1401,
  880  the court finds that life imprisonment is an appropriate
  881  sentence. A person who is sentenced to a term of imprisonment of
  882  more than 15 years is entitled to a review of his or her
  883  sentence in accordance with s. 921.1402(2)(c).
  884         3. The court shall make a written finding as to whether a
  885  person is eligible for a sentence review hearing under s.
  886  921.1402(2)(a) or (c). Such a finding shall be based upon
  887  whether the person actually killed, intended to kill, or
  888  attempted to kill the victim. The court may find that multiple
  889  defendants killed, intended to kill, or attempted to kill the
  890  victim.
  891         (3) A person who has been convicted of any other designated
  892  felony may be punished as follows:
  893         (a)1. For a life felony committed before October 1, 1983,
  894  by a term of imprisonment for life or for a term of at least 30
  895  years.
  896         2. For a life felony committed on or after October 1, 1983,
  897  by a term of imprisonment for life or by a term of imprisonment
  898  not exceeding 40 years.
  899         3. Except as provided in subparagraph 4., for a life felony
  900  committed on or after July 1, 1995, by a term of imprisonment
  901  for life or by imprisonment for a term of years not exceeding
  902  life imprisonment.
  903         4.a. Except as provided in sub-subparagraph b., for a life
  904  felony committed on or after September 1, 2005, which is a
  905  violation of s. 800.04(5)(b), by:
  906         (I) A term of imprisonment for life; or
  907         (II) A split sentence that is a term of at least 25 years’
  908  imprisonment and not exceeding life imprisonment, followed by
  909  probation or community control for the remainder of the person’s
  910  natural life, as provided in s. 948.012(4).
  911         b. For a life felony committed on or after July 1, 2008,
  912  which is a person’s second or subsequent violation of s.
  913  800.04(5)(b), by a term of imprisonment for life.
  914         5. Notwithstanding subparagraphs 1.-4., a person who is
  915  convicted under s. 782.04 of an offense that was reclassified as
  916  a life felony which was committed before the person attained 18
  917  years of age may be punished by a term of imprisonment for life
  918  or by a term of years equal to life imprisonment if the judge
  919  conducts a sentencing hearing in accordance with s. 921.1401 and
  920  finds that life imprisonment or a term of years equal to life
  921  imprisonment is an appropriate sentence.
  922         a. A person who actually killed, intended to kill, or
  923  attempted to kill the victim and is sentenced to a term of
  924  imprisonment of more than 25 years is entitled to a review of
  925  his or her sentence in accordance with s. 921.1402(2)(b).
  926         b. A person who did not actually kill, intend to kill, or
  927  attempt to kill the victim and is sentenced to a term of
  928  imprisonment of more than 15 years is entitled to a review of
  929  his or her sentence in accordance with s. 921.1402(2)(c).
  930         c. The court shall make a written finding as to whether a
  931  person is eligible for a sentence review hearing under s.
  932  921.1402(2)(b) or (c). Such a finding shall be based upon
  933  whether the person actually killed, intended to kill, or
  934  attempted to kill the victim. The court may find that multiple
  935  defendants killed, intended to kill, or attempted to kill the
  936  victim.
  937         6. For a life felony committed on or after October 1, 2014,
  938  which is a violation of s. 787.06(3)(g), by a term of
  939  imprisonment for life.
  940         (b)1. For a felony of the first degree, by a term of
  941  imprisonment not exceeding 30 years or, when specifically
  942  provided by statute, by imprisonment for a term of years not
  943  exceeding life imprisonment.
  944         2. Notwithstanding subparagraph 1., a person convicted
  945  under s. 782.04 of a first degree felony punishable by a term of
  946  years not exceeding life imprisonment, or an offense that was
  947  reclassified as a first degree felony punishable by a term of
  948  years not exceeding life, which was committed before the person
  949  attained 18 years of age may be punished by a term of years
  950  equal to life imprisonment if the judge conducts a sentencing
  951  hearing in accordance with s. 921.1401 and finds that a term of
  952  years equal to life imprisonment is an appropriate sentence.
  953         a. A person who actually killed, intended to kill, or
  954  attempted to kill the victim and is sentenced to a term of
  955  imprisonment of more than 25 years is entitled to a review of
  956  his or her sentence in accordance with s. 921.1402(2)(b).
  957         b. A person who did not actually kill, intend to kill, or
  958  attempt to kill the victim and is sentenced to a term of
  959  imprisonment of more than 15 years is entitled to a review of
  960  his or her sentence in accordance with s. 921.1402(2)(c).
  961         c. The court shall make a written finding as to whether a
  962  person is eligible for a sentence review hearing under s.
  963  921.1402(2)(b) or (c). Such a finding shall be based upon
  964  whether the person actually killed, intended to kill, or
  965  attempted to kill the victim. The court may find that multiple
  966  defendants killed, intended to kill, or attempted to kill the
  967  victim.
  968         (c) Notwithstanding paragraphs (a) and (b), a person
  969  convicted of an offense that is not included in s. 782.04 but
  970  that is an offense that is a life felony or is punishable by a
  971  term of imprisonment for life or by a term of years not
  972  exceeding life imprisonment, or an offense that was reclassified
  973  as a life felony or an offense punishable by a term of
  974  imprisonment for life or by a term of years not exceeding life
  975  imprisonment, which was committed before the person attained 18
  976  years of age may be punished by a term of imprisonment for life
  977  or a term of years equal to life imprisonment if the judge
  978  conducts a sentencing hearing in accordance with s. 921.1401 and
  979  finds that life imprisonment or a term of years equal to life
  980  imprisonment is an appropriate sentence. A person who is
  981  sentenced to a term of imprisonment of more than 20 years is
  982  entitled to a review of his or her sentence in accordance with
  983  s. 921.1402(2)(d).
  984         Section 22. For the purpose of incorporating the amendment
  985  made by this act to section 782.04, Florida Statutes, in
  986  references thereto, subsections (1), (2), (4), (5), (6), and (7)
  987  of section 775.0823, Florida Statutes, are reenacted to read:
  988         775.0823 Violent offenses committed against law enforcement
  989  officers, correctional officers, state attorneys, assistant
  990  state attorneys, justices, or judges.—The Legislature does
  991  hereby provide for an increase and certainty of penalty for any
  992  person convicted of a violent offense against any law
  993  enforcement or correctional officer, as defined in s. 943.10(1),
  994  (2), (3), (6), (7), (8), or (9); against any state attorney
  995  elected pursuant to s. 27.01 or assistant state attorney
  996  appointed under s. 27.181; or against any justice or judge of a
  997  court described in Art. V of the State Constitution, which
  998  offense arises out of or in the scope of the officer’s duty as a
  999  law enforcement or correctional officer, the state attorney’s or
 1000  assistant state attorney’s duty as a prosecutor or investigator,
 1001  or the justice’s or judge’s duty as a judicial officer, as
 1002  follows:
 1003         (1) For murder in the first degree as described in s.
 1004  782.04(1), if the death sentence is not imposed, a sentence of
 1005  imprisonment for life without eligibility for release.
 1006         (2) For attempted murder in the first degree as described
 1007  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
 1008  or s. 775.084.
 1009         (4) For murder in the second degree as described in s.
 1010  782.04(2) and (3), a sentence pursuant to s. 775.082, s.
 1011  775.083, or s. 775.084.
 1012         (5) For attempted murder in the second degree as described
 1013  in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
 1014  775.083, or s. 775.084.
 1015         (6) For murder in the third degree as described in s.
 1016  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
 1017  775.084.
 1018         (7) For attempted murder in the third degree as described
 1019  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
 1020  or s. 775.084.
 1021  
 1022  Notwithstanding the provisions of s. 948.01, with respect to any
 1023  person who is found to have violated this section, adjudication
 1024  of guilt or imposition of sentence shall not be suspended,
 1025  deferred, or withheld.
 1026         Section 23. For the purpose of incorporating the amendment
 1027  made by this act to section 782.04, Florida Statutes, in a
 1028  reference thereto, section 782.051, Florida Statutes, is
 1029  reenacted to read:
 1030         782.051 Attempted felony murder.—
 1031         (1) Any person who perpetrates or attempts to perpetrate
 1032  any felony enumerated in s. 782.04(3) and who commits, aids, or
 1033  abets an intentional act that is not an essential element of the
 1034  felony and that could, but does not, cause the death of another
 1035  commits a felony of the first degree, punishable by imprisonment
 1036  for a term of years not exceeding life, or as provided in s.
 1037  775.082, s. 775.083, or s. 775.084, which is an offense ranked
 1038  in level 9 of the Criminal Punishment Code. Victim injury points
 1039  shall be scored under this subsection.
 1040         (2) Any person who perpetrates or attempts to perpetrate
 1041  any felony other than a felony enumerated in s. 782.04(3) and
 1042  who commits, aids, or abets an intentional act that is not an
 1043  essential element of the felony and that could, but does not,
 1044  cause the death of another commits a felony of the first degree,
 1045  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 1046  which is an offense ranked in level 8 of the Criminal Punishment
 1047  Code. Victim injury points shall be scored under this
 1048  subsection.
 1049         (3) When a person is injured during the perpetration of or
 1050  the attempt to perpetrate any felony enumerated in s. 782.04(3)
 1051  by a person other than the person engaged in the perpetration of
 1052  or the attempt to perpetrate such felony, the person
 1053  perpetrating or attempting to perpetrate such felony commits a
 1054  felony of the second degree, punishable as provided in s.
 1055  775.082, s. 775.083, or s. 775.084, which is an offense ranked
 1056  in level 7 of the Criminal Punishment Code. Victim injury points
 1057  shall be scored under this subsection.
 1058         Section 24. For the purpose of incorporating the amendment
 1059  made by this act to section 782.04, Florida Statutes, in a
 1060  reference thereto, section 782.065, Florida Statutes, is
 1061  reenacted to read:
 1062         782.065 Murder; law enforcement officer, correctional
 1063  officer, correctional probation officer.—Notwithstanding ss.
 1064  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
 1065  shall be sentenced to life imprisonment without eligibility for
 1066  release upon findings by the trier of fact that, beyond a
 1067  reasonable doubt:
 1068         (1) The defendant committed murder in the first degree in
 1069  violation of s. 782.04(1) and a death sentence was not imposed;
 1070  murder in the second or third degree in violation of s.
 1071  782.04(2), (3), or (4); attempted murder in the first or second
 1072  degree in violation of s. 782.04(1)(a)1. or (2); or attempted
 1073  felony murder in violation of s. 782.051; and
 1074         (2) The victim of any offense described in subsection (1)
 1075  was a law enforcement officer, part-time law enforcement
 1076  officer, auxiliary law enforcement officer, correctional
 1077  officer, part-time correctional officer, auxiliary correctional
 1078  officer, correctional probation officer, part-time correctional
 1079  probation officer, or auxiliary correctional probation officer,
 1080  as those terms are defined in s. 943.10, engaged in the lawful
 1081  performance of a legal duty.
 1082         Section 25. For the purpose of incorporating the amendment
 1083  made by this act to section 782.04, Florida Statutes, in a
 1084  reference thereto, section 903.133, Florida Statutes, is
 1085  reenacted to read:
 1086         903.133 Bail on appeal; prohibited for certain felony
 1087  convictions.—Notwithstanding the provisions of s. 903.132, no
 1088  person adjudged guilty of a felony of the first degree for a
 1089  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 1090  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 1091  violation of s. 794.011(2) or (3), shall be admitted to bail
 1092  pending review either by posttrial motion or appeal.
 1093         Section 26. For the purpose of incorporating the amendment
 1094  made by this act to section 782.04, Florida Statutes, in
 1095  references thereto, paragraphs (h) and (i) of subsection (3) of
 1096  section 921.0022, Florida Statutes, are reenacted to read:
 1097         921.0022 Criminal Punishment Code; offense severity ranking
 1098  chart.—
 1099         (3) OFFENSE SEVERITY RANKING CHART
 1100         (h) LEVEL 8
 1101  
 1102  FloridaStatute            FelonyDegree         Description         
 1103  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
 1104  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 1105  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 1106  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
 1107  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 1108  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 1109  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 1110  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 1111  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
 1112  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 1113  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 1114  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
 1115  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
 1116  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
 1117  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
 1118  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
 1119  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 1120  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 1121  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
 1122  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 1123  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 1124  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 1125  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 1126  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 1127  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
 1128  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 1129  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 1130  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
 1131  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
 1132  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 1133  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 1134  812.13(2)(b)                   1st     Robbery with a weapon.      
 1135  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 1136  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
 1137  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
 1138  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 1139  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 1140  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
 1141  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
 1142  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
 1143  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
 1144  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 1145  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
 1146  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 1147  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 1148  860.16                         1st     Aircraft piracy.            
 1149  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 1150  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 1151  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 1152  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 1153  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
 1154  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 1155  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 1156  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 1157  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 1158  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 1159  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 1160  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 1161  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 1162  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 1163  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 1164  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
 1165  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
 1166  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 1167  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
 1168  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 1169  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 1170         (i) LEVEL 9
 1171  
 1172  FloridaStatute            FelonyDegree         Description         
 1173  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
 1174  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
 1175  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
 1176  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 1177  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 1178  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 1179  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 1180  775.0844                       1st     Aggravated white collar crime.
 1181  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
 1182  782.04(3)                    1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
 1183  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 1184  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
 1185  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 1186  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 1187  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 1188  787.02(3)(a)                 1st,PBL   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 1189  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
 1190  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 1191  787.06(3)(f)1.               1st,PBL   Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
 1192  790.161                        1st     Attempted capital destructive device offense.
 1193  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 1194  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
 1195  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 1196  794.011(4)(a)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
 1197  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 1198  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 1199  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 1200  794.011(8)(b)                1st,PBL   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 1201  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
 1202  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 1203  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
 1204  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
 1205  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
 1206  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 1207  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 1208  817.535(5)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
 1209  817.568(7)                   2nd,PBL   Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 1210  827.03(2)(a)                   1st     Aggravated child abuse.     
 1211  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
 1212  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 1213  859.01                         1st     Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 1214  893.135                        1st     Attempted capital trafficking offense.
 1215  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
 1216  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 1217  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 1218  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 1219  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 1220  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, more than 400 grams.
 1221  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, more than 25 kilograms.
 1222  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, more than 200 grams.
 1223  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 1224  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 1225  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
 1226  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
 1227  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 1228  
 1229         Section 27. For the purpose of incorporating the amendment
 1230  made by this act to section 782.04, Florida Statutes, in a
 1231  reference thereto, subsection (1) of section 921.16, Florida
 1232  Statutes, is reenacted to read:
 1233         921.16 When sentences to be concurrent and when
 1234  consecutive.—
 1235         (1) A defendant convicted of two or more offenses charged
 1236  in the same indictment, information, or affidavit or in
 1237  consolidated indictments, informations, or affidavits shall
 1238  serve the sentences of imprisonment concurrently unless the
 1239  court directs that two or more of the sentences be served
 1240  consecutively. Sentences of imprisonment for offenses not
 1241  charged in the same indictment, information, or affidavit shall
 1242  be served consecutively unless the court directs that two or
 1243  more of the sentences be served concurrently. Any sentence for
 1244  sexual battery as defined in chapter 794 or murder as defined in
 1245  s. 782.04 must be imposed consecutively to any other sentence
 1246  for sexual battery or murder which arose out of a separate
 1247  criminal episode or transaction.
 1248         Section 28. For the purpose of incorporating the amendment
 1249  made by this act to section 782.04, Florida Statutes, in a
 1250  reference thereto, paragraph (i) of subsection (3) of section
 1251  947.146, Florida Statutes, is reenacted to read:
 1252         947.146 Control Release Authority.—
 1253         (3) Within 120 days prior to the date the state
 1254  correctional system is projected pursuant to s. 216.136 to
 1255  exceed 99 percent of total capacity, the authority shall
 1256  determine eligibility for and establish a control release date
 1257  for an appropriate number of parole ineligible inmates committed
 1258  to the department and incarcerated within the state who have
 1259  been determined by the authority to be eligible for
 1260  discretionary early release pursuant to this section. In
 1261  establishing control release dates, it is the intent of the
 1262  Legislature that the authority prioritize consideration of
 1263  eligible inmates closest to their tentative release date. The
 1264  authority shall rely upon commitment data on the offender
 1265  information system maintained by the department to initially
 1266  identify inmates who are to be reviewed for control release
 1267  consideration. The authority may use a method of objective risk
 1268  assessment in determining if an eligible inmate should be
 1269  released. Such assessment shall be a part of the department’s
 1270  management information system. However, the authority shall have
 1271  sole responsibility for determining control release eligibility,
 1272  establishing a control release date, and effectuating the
 1273  release of a sufficient number of inmates to maintain the inmate
 1274  population between 99 percent and 100 percent of total capacity.
 1275  Inmates who are ineligible for control release are inmates who
 1276  are parole eligible or inmates who:
 1277         (i) Are convicted, or have been previously convicted, of
 1278  committing or attempting to commit murder in the first, second,
 1279  or third degree under s. 782.04(1), (2), (3), or (4), or have
 1280  ever been convicted of any degree of murder or attempted murder
 1281  in another jurisdiction;
 1282  
 1283  In making control release eligibility determinations under this
 1284  subsection, the authority may rely on any document leading to or
 1285  generated during the course of the criminal proceedings,
 1286  including, but not limited to, any presentence or postsentence
 1287  investigation or any information contained in arrest reports
 1288  relating to circumstances of the offense.
 1289         Section 29. For the purpose of incorporating the amendment
 1290  made by this act to section 782.04, Florida Statutes, in a
 1291  reference thereto, paragraph (c) of subsection (8) of section
 1292  948.06, Florida Statutes, is reenacted to read:
 1293         948.06 Violation of probation or community control;
 1294  revocation; modification; continuance; failure to pay
 1295  restitution or cost of supervision.—
 1296         (8)
 1297         (c) For purposes of this section, the term “qualifying
 1298  offense” means any of the following:
 1299         1. Kidnapping or attempted kidnapping under s. 787.01,
 1300  false imprisonment of a child under the age of 13 under s.
 1301  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 1302  or (c).
 1303         2. Murder or attempted murder under s. 782.04, attempted
 1304  felony murder under s. 782.051, or manslaughter under s. 782.07.
 1305         3. Aggravated battery or attempted aggravated battery under
 1306  s. 784.045.
 1307         4. Sexual battery or attempted sexual battery under s.
 1308  794.011(2), (3), (4), or (8)(b) or (c).
 1309         5. Lewd or lascivious battery or attempted lewd or
 1310  lascivious battery under s. 800.04(4), lewd or lascivious
 1311  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 1312  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
 1313  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 1314  computer under s. 847.0135(5)(b).
 1315         6. Robbery or attempted robbery under s. 812.13, carjacking
 1316  or attempted carjacking under s. 812.133, or home invasion
 1317  robbery or attempted home invasion robbery under s. 812.135.
 1318         7. Lewd or lascivious offense upon or in the presence of an
 1319  elderly or disabled person or attempted lewd or lascivious
 1320  offense upon or in the presence of an elderly or disabled person
 1321  under s. 825.1025.
 1322         8. Sexual performance by a child or attempted sexual
 1323  performance by a child under s. 827.071.
 1324         9. Computer pornography under s. 847.0135(2) or (3),
 1325  transmission of child pornography under s. 847.0137, or selling
 1326  or buying of minors under s. 847.0145.
 1327         10. Poisoning food or water under s. 859.01.
 1328         11. Abuse of a dead human body under s. 872.06.
 1329         12. Any burglary offense or attempted burglary offense that
 1330  is either a first degree felony or second degree felony under s.
 1331  810.02(2) or (3).
 1332         13. Arson or attempted arson under s. 806.01(1).
 1333         14. Aggravated assault under s. 784.021.
 1334         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 1335  (7).
 1336         16. Aircraft piracy under s. 860.16.
 1337         17. Unlawful throwing, placing, or discharging of a
 1338  destructive device or bomb under s. 790.161(2), (3), or (4).
 1339         18. Treason under s. 876.32.
 1340         19. Any offense committed in another jurisdiction which
 1341  would be an offense listed in this paragraph if that offense had
 1342  been committed in this state.
 1343         Section 30. For the purpose of incorporating the amendment
 1344  made by this act to section 782.04, Florida Statutes, in a
 1345  reference thereto, subsection (1) of section 948.062, Florida
 1346  Statutes, is reenacted to read:
 1347         948.062 Reviewing and reporting serious offenses committed
 1348  by offenders placed on probation or community control.—
 1349         (1) The department shall review the circumstances related
 1350  to an offender placed on probation or community control who has
 1351  been arrested while on supervision for the following offenses:
 1352         (a) Any murder as provided in s. 782.04;
 1353         (b) Any sexual battery as provided in s. 794.011 or s.
 1354  794.023;
 1355         (c) Any sexual performance by a child as provided in s.
 1356  827.071;
 1357         (d) Any kidnapping, false imprisonment, or luring of a
 1358  child as provided in s. 787.01, s. 787.02, or s. 787.025;
 1359         (e) Any lewd and lascivious battery or lewd and lascivious
 1360  molestation as provided in s. 800.04(4) or (5);
 1361         (f) Any aggravated child abuse as provided in s.
 1362  827.03(2)(a);
 1363         (g) Any robbery with a firearm or other deadly weapon, home
 1364  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
 1365  s. 812.135, or s. 812.133;
 1366         (h) Any aggravated stalking as provided in s. 784.048(3),
 1367  (4), or (5);
 1368         (i) Any forcible felony as provided in s. 776.08, committed
 1369  by a person on probation or community control who is designated
 1370  as a sexual predator; or
 1371         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
 1372  or vehicular or vessel homicide as provided in s. 782.071 or s.
 1373  782.072, committed by a person who is on probation or community
 1374  control for an offense involving death or injury resulting from
 1375  a driving incident.
 1376         Section 31. For the purpose of incorporating the amendment
 1377  made by this act to section 782.04, Florida Statutes, in a
 1378  reference thereto, paragraph (b) of subsection (3) of section
 1379  985.265, Florida Statutes, is reenacted to read:
 1380         985.265 Detention transfer and release; education; adult
 1381  jails.—
 1382         (3)
 1383         (b) When a juvenile is released from secure detention or
 1384  transferred to nonsecure detention, detention staff shall
 1385  immediately notify the appropriate law enforcement agency,
 1386  school personnel, and victim if the juvenile is charged with
 1387  committing any of the following offenses or attempting to commit
 1388  any of the following offenses:
 1389         1. Murder, under s. 782.04;
 1390         2. Sexual battery, under chapter 794;
 1391         3. Stalking, under s. 784.048; or
 1392         4. Domestic violence, as defined in s. 741.28.
 1393         Section 32. For the purpose of incorporating the amendment
 1394  made by this act to section 782.04, Florida Statutes, in a
 1395  reference thereto, paragraph (d) of subsection (1) of section
 1396  1012.315, Florida Statutes, is reenacted to read:
 1397         1012.315 Disqualification from employment.—A person is
 1398  ineligible for educator certification, and instructional
 1399  personnel and school administrators, as defined in s. 1012.01,
 1400  are ineligible for employment in any position that requires
 1401  direct contact with students in a district school system,
 1402  charter school, or private school that accepts scholarship
 1403  students under s. 1002.39 or s. 1002.395, if the person,
 1404  instructional personnel, or school administrator has been
 1405  convicted of:
 1406         (1) Any felony offense prohibited under any of the
 1407  following statutes:
 1408         (d) Section 782.04, relating to murder.
 1409         Section 33. For the purpose of incorporating the amendments
 1410  made by this act to sections 775.30 and 782.04, Florida
 1411  Statutes, in a reference thereto, paragraph (g) of subsection
 1412  (2) of section 1012.467, Florida Statutes, is reenacted to read:
 1413         1012.467 Noninstructional contractors who are permitted
 1414  access to school grounds when students are present; background
 1415  screening requirements.—
 1416         (2)
 1417         (g) A noninstructional contractor for whom a criminal
 1418  history check is required under this section may not have been
 1419  convicted of any of the following offenses designated in the
 1420  Florida Statutes, any similar offense in another jurisdiction,
 1421  or any similar offense committed in this state which has been
 1422  redesignated from a former provision of the Florida Statutes to
 1423  one of the following offenses:
 1424         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 1425  the registration of an individual as a sexual offender.
 1426         2. Section 393.135, relating to sexual misconduct with
 1427  certain developmentally disabled clients and the reporting of
 1428  such sexual misconduct.
 1429         3. Section 394.4593, relating to sexual misconduct with
 1430  certain mental health patients and the reporting of such sexual
 1431  misconduct.
 1432         4. Section 775.30, relating to terrorism.
 1433         5. Section 782.04, relating to murder.
 1434         6. Section 787.01, relating to kidnapping.
 1435         7. Any offense under chapter 800, relating to lewdness and
 1436  indecent exposure.
 1437         8. Section 826.04, relating to incest.
 1438         9. Section 827.03, relating to child abuse, aggravated
 1439  child abuse, or neglect of a child.
 1440         Section 34. This act shall take effect October 1, 2017.